Cox Associates: Educational Issues
Following the Phelps decision (House of Lords, July 2000) former pupils claims to have been failed by the education system have been recognised. These claims are that the education system has not provided the appropriate education for their special needs.
The assessment of educational negligence involves the following:
- Reviewing the individuals educational records;
- Reviewing the contemporaneous educational policies;
- Reviewing the actual provision made for the pupil;
- Assessing whether there was any failure to diagnose special needs;
- Assessing the claimant for competencies and special needs;
- Assessing for any psychological trauma as a result of the way he / she was dealt with as a pupil;
- Assessing the potential loss of employment and social prospects.
Cox Associates has a number of educational psychologists who have long experience of working with students with special educational needs and in preparing statements and helping to devise appropriate policies for such students. Many have worked in senior positions within Local Education Authorities and are familiar with contemporaneous policies.
Case Study
Mr L failed to achieve the GCSE grades expected and was subsequently found, by our assessment, to have a variety of problems associated with dyslexia or specific literacy difficulties. Had this been identified earlier in his education and specialist advice sought, it is likely that his difficulties could have been alleviated to some extent and his GCSE grades improved by several grades. Our report found that the school failed to take appropriate action or respond to the requirements of the Special Needs Code of Practice and that a statutory duty had been breached.